Impact of Brexit on IP law
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EU Commission publishes draft UK adequacy decisions
The EU Commission looks set to adopt two adequacy decisions in favour of the UK, which will allow businesses to continue to freely transfer personal data from the EU/EEA to the UK. On 19 February 2021, the EU Commission published two draft adequacy decisions permitting transfers of personal data to the UK under the GDPR, and under the Law Enforcement Directive (LED).
Once adopted, the decisions will replace the interim solution agreed under the EU-UK Trade…
EU Council agrees its position on draft ePrivacy Regulation
On 10 February 2021, the EU Member States agreed on the EU Council’s negotiating mandate for the draft ePrivacy Regulation. The new Regulation will repeal and replace the existing ePrivacy Directive 2002/58/EC. The text approved by the EU Member States allows the EU Council to start negotiations with the European Parliament on the final text of the ePrivacy Regulation.
Key Highlights
The EU Council’s Press Release sets out the key highlights of the draft ePrivacy…
DPC fines UCD €70,000 for GDPR breach
The Irish Data Protection Commission (DPC) has imposed a €70,000 fine on University College Dublin (UCD) for failure to implement appropriate security measures; storing data longer than necessary, and delaying in notifying the DPC of a data breach. This is the sixth GDPR fine imposed by the DPC. Previous GDPR fines included 3 fines on Tusla (the Child and Family Agency) amounting to a total of €200,000; a €450,000 fine on Twitter, and a €65,000…
Covid-19 vaccinations: Key considerations for employers
On 15 December 2020, the Minister for Health announced Ireland’s National COVID-19 Vaccination Strategy. The first vaccine was approved for use on 21 December 2020, with the first dose administered in Ireland on 29 December 2020. A second vaccine was approved for use on 6 January 2021 and the approval of additional vaccines is anticipated in the coming months.
In light of the rapidly deteriorating public health situation and the widespread prevalence of COVID-19 in…
Sherlock Holmes and the copyright infringement claim
Government publishes Spring Legislative Programme
The Government has published its legislation programme for Spring 2021. The programme contains 32 bills for publication and prioritisation by the Government.
Key Bills of relevance to the data protection, commercial and technology sector include:
Bills expected to undergo pre-legislative scrutiny
Online Safety and Media Regulation Bill – This Bill will provide for the establishment of a Media Commission (including an Online Safety Commissioner), the dissolution of the Broadcasting Authority of Ireland, a regulatory framework…
Banksy loses EU trade mark due to “bad faith”
European Commission publishes draft new SCCs
The European Commission recently published its new draft Standard Contractual Clauses (SCCs) for international transfers of personal data to third parties located outside of the EEA.
The new SCCs have been expected for some time in light of the coming into force of the GDPR. The existing set of SCCs were implemented under the former Data Protection Directive 95/46/EC and still referenced that regime. The delay was due to the European Commission reconciling the new…
No likelihood of confusion between MASSI and MESSi
